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What Fun
Jul 21, 2007

~P*R*I*D*E~
I'm in NY state. Last September ('09), a cop pulled me over for allegedly running a red light. He asked if I had anything to say, I politely declined and took my ticket.

I had 30 days to plea, and delivered my "not guilty" to the local court within that timeframe. It is now June '10, and I haven't heard a peep from them. I even called the court 2 months afterwards to confirm that my plea had been recieved. It had.

Is it normal for a traffic ticket to take this long to wind its way through the system? Is there any limitation on how long they can take to set me up with a trial?

I pleaded not guilty because I had no job or money at the time. At this point I'd be happy to just pay whatever they want so it won't be hanging over my head.

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joat mon
Oct 15, 2009

I am the master of my lamp;
I am the captain of my tub.

Gnaghi posted:

I got ticketed for littering in NJ and wish to plead not guilty. Can I appeal to a higher court if I lose and what are the court fines for such a thing? The ticket itself seems to be a criminal one and there are no guidelines for sentencing (it is completely up to the judge). This makes me think I could get a very high fine and possible community service.

Appeals for crimes such as this must always written with full orchestration and in four-part harmony. It must be accompanied by no fewer than twenty-seven eight-by-ten color glossy photographs with circles and arrows and a paragraph on the back of each one.

Googling "penalty new jersey littering" yields New Jersey Statutes 13:1E-99.3 which says you can be fined $100-$500 and be given 20 to 40 community service hours. Court costs will be extra.

On the other hand, if you were ticketed under a city ordinance, you'll have to check that city's laws. Your ticket will tell you the jurisdiction and probably the statute number.

Trial and appellate procedures will vary with jurisdiction. A good starting point is always the court clerk. He/she will tell you the process and maybe the standard fine as well.

joat mon fucked around with this message at 04:22 on Jun 2, 2010

Gnaghi
Jan 25, 2008

Is this a good first bike?

joat mon posted:

On the other hand, if you were ticketed under a city ordinance, you'll have to check that city's laws. Your ticket will tell you the jurisdiction and probably the statute number.

It looks like a city ordinance. Max $1250 fine, 90 days jail time, 40 hours community service. At what point should I go to Mexico?

joat mon
Oct 15, 2009

I am the master of my lamp;
I am the captain of my tub.

Gnaghi posted:

It looks like a city ordinance. Max $1250 fine, 90 days jail time, 40 hours community service. At what point should I go to Mexico?

Huh. Around here I could beat somebody up and get the same time and less fines.
What city? Have you got like 20 prior littering convictions?

Gnaghi
Jan 25, 2008

Is this a good first bike?

joat mon posted:

Huh. Around here I could beat somebody up and get the same time and less fines.
What city? Have you got like 20 prior littering convictions?

Eatontown, NJ. No priors. I basically threw some garbage onto my friends car, he wiped it off onto the ground a few minutes later and we both got tickets. That was the maximum penalty I posted though. I'm really hoping that's reserved for people who dump chemicals on babies and stuff.

Sizzlechest
May 7, 2007
I had two root canals less than a month ago from a dental group. I went to see a dentist within that group to get the crowns, and she said she needed an endo to look at the work done. I just had the consult yesterday and he said they need to be redone. Now I have yet another consult with the endo who's going to do the actual work in two weeks. Assuming he says they both have to be redone, I don't feel I should have to pay for the first root canals. If I had to go to court, what are my rights?

saintonan
Dec 7, 2009

Fields of glory shine eternal

I have a question about the process of hiring a lawyer. I was divorced nine years ago, and have paid child support consistently since the judgment was issued. The children are now over 18 and graduated from high school, so the focus has shifted from child support to college expenses. I've received correspondence from her attorney, and I don't know enough about the law to understand whether the offer is fair or not.

The attorney I used to do the divorce has since retired, and I really didn't think that much of him anyway, so I'm looking for someone new to help me work through this. How do you go about finding a competent family law attorney? The divorce occurred in Illinois, and to my knowledge they don't have any sort of board certification process like they do here in Texas (where I live now). What would be a reasonable rate to pay for competent help? What questions should I be asking them before I hire them?

Solomon Grundy
Feb 10, 2007

Born on a Monday

saintonan posted:

I have a question about the process of hiring a lawyer. I was divorced nine years ago, and have paid child support consistently since the judgment was issued. The children are now over 18 and graduated from high school, so the focus has shifted from child support to college expenses. I've received correspondence from her attorney, and I don't know enough about the law to understand whether the offer is fair or not.

The attorney I used to do the divorce has since retired, and I really didn't think that much of him anyway, so I'm looking for someone new to help me work through this. How do you go about finding a competent family law attorney? The divorce occurred in Illinois, and to my knowledge they don't have any sort of board certification process like they do here in Texas (where I live now). What would be a reasonable rate to pay for competent help? What questions should I be asking them before I hire them?

Normally, I would tell you that the best way to find a lawyer is by personal reference from clients of that lawyer. I would say to ask any divorced friends who he or she used, and whether or not he or she liked the lawyer. But in the field of divorce, most clients end up hating the attorney by the end, so you are unlikely to find a lawyer this way.

The next best way to find a lawyer is by asking another lawyer. If you know any lawyers at all, ask them to recommend somebody that does divorce work.

If you don't know any lawyers at all, the next best way is to call a local bar association, and see if they have any lawyer referral service. My local bar association has a list of attorneys and what fields they practice in, and the bar association makes sure that the attorneys on the list have malpractice insurance and some experience in the field.

If there is no bar referral service, then google or the phone book.

Rates vary quite a bit based upon a number of factors - cost of living, proximity to a big city, size of the law firm, experience of the attorney, etc. Divorce practitioners in my part of the midwest, near a 200,000 person city, charge from $150-$250 per hour, and would require a $2,000-$5,000 "retainer." A retainer is an advance payment against which the attorney bills, and then refunds the remainder at the end of the case. Lawyers near bigger cities will charge much, much more. If anyone charges much less, then be suspicious that the lawyer is brand new and doesn't know what he or she is doing.

Good divorce lawyers typically (1) have been out of law school 10+ years, (2) do a substantial amount of divorce work, and (3) are associated with some sort of firm, where the lawyer can walk down the hall and get an answer to a tax or probate question from a lawyer in that field if the need arises in your case. Bad divorce lawyers typically (1) have been out of law school 1-5 years, (2) do not do a substantial amount of divorce work, and (3) are solo practitioners, with nobody to help or mentor them.

Questions to ask include:
How long have you been out of law school?
Tell me about your firm - how many members, what other sorts of work does the firm do?
What was your background prior to joining this firm?
How many divorces and support matters have you handled?
How do you handle fees and billing?

You need to trust your lawyer. If you talk for awhile and get a weird feeling, or don't feel good about it, move on.

saintonan
Dec 7, 2009

Fields of glory shine eternal

Thanks for the quick response. You said one of the questions should be

quote:

What was your background prior to joining this firm?

What specifically are you driving at here? Trying to find out if they've changed specialties?

Solomon Grundy
Feb 10, 2007

Born on a Monday

saintonan posted:

Thanks for the quick response. You said one of the questions should be


What specifically are you driving at here? Trying to find out if they've changed specialties?

You are looking for relevant prior experience or a lack thereof. There is one solo divorce attorney in my area who spent 10 years at a very well-regarded firm, then 20 years as a magistrate in the local divorce court. He has seen it all, and doesn't need to be in a law firm to ask other lawyers questions. If, however, someone has been solo since the day he or she graduated from law school, that usually means that he or she couldn't get a job upon graduation. Buyer beware. Other helpful prior experience is acting as a judicial clerk, especially in the divorce court.

ShowTime
Mar 28, 2005
I just got a citation for driving 78 mph in a 50 mph zone. Apparently in NC, this makes it a misdemeanor reckless endangerment charge. Here are the facts about me and I'd like some general advice for my situation if anyone could help. The violation is in New Hanover County (Wilmington), North Carolina.

I'm 24 (turned 24 in April) and this is my first violation of any kind. I have no tickets, no citations, no warnings, nothing, up until now. The cop pulled up behind me on the highway and didn't do anything for a moment (guessing he was running my plates) before motioning at me in my rear view mirror to pull over and turning on his sirens, but no lights. Finally he gets his lights on, I get pulled over off the highway and he gets out of his car, gets my license and registration and then apologizes for not having his lights on before realizing his mistake and getting them on. He tells me he clocked me from behind his median going 78 in a 50 and informs me that against the law. He gives me a ticket, tells me when to show up and then I ask him some questions (this is my first time ever getting pulled over by a cop so I asked him what I should expect). He tells me and then drives off (nice guy btw).

28 over is apparently pretty bad and so is a reckless endangerment charge. What i'd ideally like to happen is for me to get lucky and not have anything done, obviously. What i'm expecting is for the option to go to driving school to be given, a long with maybe a fine and the charge being marked down to a moving violation. What I absolutely cannot allow to happen is for me to get a crazy $1,000+ fine, jail time, or a license suspension.

What are my chances at a good outcome and what are the likely hoods of something bad happening?

10-8
Oct 2, 2003

Level 14 Bureaucrat

Solomon Grundy posted:

Good divorce lawyers typically (1) have been out of law school 10+ years, (2) do a substantial amount of divorce work, and (3) are associated with some sort of firm, where the lawyer can walk down the hall and get an answer to a tax or probate question from a lawyer in that field if the need arises in your case. Bad divorce lawyers typically (1) have been out of law school 1-5 years, (2) do not do a substantial amount of divorce work, and (3) are solo practitioners, with nobody to help or mentor them.
I'll just reiterate what Grundy said about looking for a divorce attorney who can interact with other specialists. I'm a tax attorney and I see a lot of divorce issues come up several years after the divorce is finalized. Nine times out of ten when a divorce gets botched, it's because the divorce attorney thought he was also a tax attorney and didn't structure the deal properly. I have one case right now where a former spouse is going to get tagged with a seven-figure tax bill because his divorce attorney five years ago forgot to insert a single sentence into his marital separation agreement.

Incredulous Red
Mar 25, 2008

ShowTime posted:

I just got a citation for driving 78 mph in a 50 mph zone. Apparently in NC, this makes it a misdemeanor reckless endangerment charge. Here are the facts about me and I'd like some general advice for my situation if anyone could help. The violation is in New Hanover County (Wilmington), North Carolina.

I'm 24 (turned 24 in April) and this is my first violation of any kind. I have no tickets, no citations, no warnings, nothing, up until now. The cop pulled up behind me on the highway and didn't do anything for a moment (guessing he was running my plates) before motioning at me in my rear view mirror to pull over and turning on his sirens, but no lights. Finally he gets his lights on, I get pulled over off the highway and he gets out of his car, gets my license and registration and then apologizes for not having his lights on before realizing his mistake and getting them on. He tells me he clocked me from behind his median going 78 in a 50 and informs me that against the law. He gives me a ticket, tells me when to show up and then I ask him some questions (this is my first time ever getting pulled over by a cop so I asked him what I should expect). He tells me and then drives off (nice guy btw).

28 over is apparently pretty bad and so is a reckless endangerment charge. What i'd ideally like to happen is for me to get lucky and not have anything done, obviously. What i'm expecting is for the option to go to driving school to be given, a long with maybe a fine and the charge being marked down to a moving violation. What I absolutely cannot allow to happen is for me to get a crazy $1,000+ fine, jail time, or a license suspension.

What are my chances at a good outcome and what are the likely hoods of something bad happening?

Well, you odds of something terrible happening probably triple if you don't hire a lawyer, so . . .

dvgrhl
Sep 30, 2004

Do you think you are dealing with a 4-year-old child to whom you can give some walnuts and chocolates and get gold from him?
Soiled Meat

ShowTime posted:

I just got a citation for driving 78 mph in a 50 mph zone. Apparently in NC, this makes it a misdemeanor reckless endangerment charge. Here are the facts about me and I'd like some general advice for my situation if anyone could help. The violation is in New Hanover County (Wilmington), North Carolina.

I'm 24 (turned 24 in April) and this is my first violation of any kind. I have no tickets, no citations, no warnings, nothing, up until now. The cop pulled up behind me on the highway and didn't do anything for a moment (guessing he was running my plates) before motioning at me in my rear view mirror to pull over and turning on his sirens, but no lights. Finally he gets his lights on, I get pulled over off the highway and he gets out of his car, gets my license and registration and then apologizes for not having his lights on before realizing his mistake and getting them on. He tells me he clocked me from behind his median going 78 in a 50 and informs me that against the law. He gives me a ticket, tells me when to show up and then I ask him some questions (this is my first time ever getting pulled over by a cop so I asked him what I should expect). He tells me and then drives off (nice guy btw).

28 over is apparently pretty bad and so is a reckless endangerment charge. What i'd ideally like to happen is for me to get lucky and not have anything done, obviously. What i'm expecting is for the option to go to driving school to be given, a long with maybe a fine and the charge being marked down to a moving violation. What I absolutely cannot allow to happen is for me to get a crazy $1,000+ fine, jail time, or a license suspension.

What are my chances at a good outcome and what are the likely hoods of something bad happening?

You're in the territory of where you should buck up and hire a lawyer. However, I had something similar happen where I had a ticket for 26 over (the speed changed from 60 to 40 and the cop was waiting right at the 40 sign), and I was able to pay the fine and take a driver's course to keep my license. I don't think the state is going to want you in jail for this, I think they want your money. But, if you really can't risk it then get a lawyer to help you take care of this.

Stormtrooper
Oct 18, 2003

Imperial Servant
I have a question about copyright. Why are pictures/scans of medieval manuscripts copyrighted? (Example) Surely the original work is in the public domain, and as I understand it, you can't copyright a photo/scan of a public domain work if its intentionally a close duplicate. This is based on my understanding of American law, and most of these manuscripts are in Europe (the example I linked is in the UK). Do copyright laws differ so much that its possible to copyright such images?

Alchenar
Apr 9, 2008

Stormtrooper posted:

I have a question about copyright. Why are pictures/scans of medieval manuscripts copyrighted? (Example) Surely the original work is in the public domain, and as I understand it, you can't copyright a photo/scan of a public domain work if its intentionally a close duplicate. This is based on my understanding of American law, and most of these manuscripts are in Europe (the example I linked is in the UK). Do copyright laws differ so much that its possible to copyright such images?

To hazard a series of guesses:

a)the original work is not in the public domain (go and try to find it)
b)the work done on restoring these manuscripts may create a proprietary interest in them

Leif.
Mar 27, 2005

Son of the Defender
Formerly Diplomaticus/SWATJester

Stormtrooper posted:

I have a question about copyright. Why are pictures/scans of medieval manuscripts copyrighted? (Example) Surely the original work is in the public domain, and as I understand it, you can't copyright a photo/scan of a public domain work if its intentionally a close duplicate. This is based on my understanding of American law, and most of these manuscripts are in Europe (the example I linked is in the UK). Do copyright laws differ so much that its possible to copyright such images?

Yes.

In the U.S., a case called Bridgeman v. Corel controls this, stating that a photographic reproduction of a two-dimensional work does not gain independent copyright status, because it lacks originality. It's a district court case, but generally and widely considered to be the law nationwide. This means that if the original work is in the public domain, a photograph of it is likewise in the public domain.

The U.K., however, takes the opposite view. They hold photographic reproductions of 2D works to have independent copyright. This means that even if the original work is in the public domain, taking a photograph of it is a new creative act, eligible for a new copyright.

The difference comes from whether the jurisdiction applies the "sweat of the brow" doctrine for copyright. The U.S. does not -- the U.K. does. Any other jurisdiction that applies "sweat of the brow" is likely to similarly follow the U.K.'s lead on this.

iSheep
Feb 5, 2006

by R. Guyovich
So to follow up on my previous post, on May 22nd some friends and I were cited for trespass in Utah County. Its now been 9 business days and none of our tickets have been filed. The ticket says to call within 5-14 days.

So what does this mean for us if on the 15th day we call and its not filed? I don't want to be arrested a year from now for not appearing in court/not paying a fine that we have been diligently trying to pay for (We've been calling every day since the 5th day)

Is there instances where the officer does not file the citation? He seemed to like us. Mentioning that we were good kids and the like. Is it a possibility he may not file?

iSheep fucked around with this message at 20:24 on Jun 3, 2010

Part of Everything
Feb 1, 2005

He clenched his teeh and walked out of the study
I live in Ontario, Canada. I've been renting an apartment for the last 5 years. When I first signed the lease, it stated that utilities were all-inclusive, with no extenuating circumstances listed.

A couple days ago, all the tenants (including me) got a notice from the property manager saying that anyone who has installed an air conditioner (our own air conditioners, not ones provided by the building) will be charged a fee of $50 per each month that we have it running.

What I'm wondering is:

1) Since I'm a longtime tenant, and my original lease stated the unit was all-inclusive, can they legally charge me this fee?

2) Can they/do they have the right to evict me if I try to fight this?

Solomon Grundy
Feb 10, 2007

Born on a Monday

Thirst for Savings posted:

So to follow up on my previous post, on May 22nd some friends and I were cited for trespass in Utah County. Its now been 9 business days and none of our tickets have been filed. The ticket says to call within 5-14 days.

So what does this mean for us if on the 15th day we call and its not filed? I don't want to be arrested a year from now for not appearing in court/not paying a fine that we have been diligently trying to pay for (We've been calling every day since the 5th day)

Is there instances where the officer does not file the citation? He seemed to like us. Mentioning that we were good kids and the like. Is it a possibility he may not file?

You are asking very pointed questions about local misdemeanor criminal practice in Utah County. Unless any of us are criminal defense lawyers from Utah, we are not going to know the answer. Does anyone really live in Utah?

Epic Doctor Fetus
Jul 23, 2003

Solomon Grundy posted:

Does anyone really live in Utah?

There are about a million people in Utah, but I wouldn't call what they're doing "living."

iSheep
Feb 5, 2006

by R. Guyovich

mboger posted:

There are about a million people in Utah, but I wouldn't call what they're doing "living."

We live it up man. We've got a mall and poo poo.

Thanks anyway though.

Stormtrooper
Oct 18, 2003

Imperial Servant

SWATJester posted:

Yes.

In the U.S., a case called Bridgeman v. Corel controls this, stating that a photographic reproduction of a two-dimensional work does not gain independent copyright status, because it lacks originality. It's a district court case, but generally and widely considered to be the law nationwide. This means that if the original work is in the public domain, a photograph of it is likewise in the public domain.

The U.K., however, takes the opposite view. They hold photographic reproductions of 2D works to have independent copyright. This means that even if the original work is in the public domain, taking a photograph of it is a new creative act, eligible for a new copyright.

The difference comes from whether the jurisdiction applies the "sweat of the brow" doctrine for copyright. The U.S. does not -- the U.K. does. Any other jurisdiction that applies "sweat of the brow" is likely to similarly follow the U.K.'s lead on this.
Thanks, this is exactly what I needed to know! I guess I have a sort of follow up question - being in the US, must I respect the UK copyright law with regard to these works (medieval manuscripts)? I know usually people in one country don't have to follow the laws in another, but I guess some of the international copyright agreements might negate this.

Suppin
May 16, 2004

My Spidey Sense is Tingling. Someone must be jacking off to MJ.
Can I put a screenshot of Sprint's order page on my website to make a comment about it?

Specifically the order page and then this pop up: http://shop.sprint.com/en/stores/popups/premium_data_popup.shtml

It has a copyright logo on it and I'm not sure if I can post that and make a commentary about it.

Thanks

Leif.
Mar 27, 2005

Son of the Defender
Formerly Diplomaticus/SWATJester

Stormtrooper posted:

Thanks, this is exactly what I needed to know! I guess I have a sort of follow up question - being in the US, must I respect the UK copyright law with regard to these works (medieval manuscripts)? I know usually people in one country don't have to follow the laws in another, but I guess some of the international copyright agreements might negate this.

Generally no, but it depends on what you are wanting to do with the work, and where you want to do it.

Leif.
Mar 27, 2005

Son of the Defender
Formerly Diplomaticus/SWATJester

Suppin posted:

Can I put a screenshot of Sprint's order page on my website to make a comment about it?

Specifically the order page and then this pop up: http://shop.sprint.com/en/stores/popups/premium_data_popup.shtml

It has a copyright logo on it and I'm not sure if I can post that and make a commentary about it.

Thanks

Though fair use is never a 100% one-and-done kind of thing, you are probably on the OK side of it here. I'm assuming your website is a blog though, or some other informative, rather than commercial entity. If you are doing it for commercial purposes, however, you may be less safe.

kingfet
Jan 30, 2010
I am located in Ohio.

Two years ago I moved into a rental home with the option to purchase. At first we had no contract or lease. Three months in we were asked to sign a lease which we did. This lease was basically something the landlord drew up in word which I was fine with. A few months later the garage door broke, and the landlord expected me to pay for it. (Which I did). Over the course of the next two years one toilet stopped working and part of the HVAC system collapsed. Neither of these did I alert the landlord to at first because I did not want to get stuck footing the bill.

We moved out last month after giving proper documented notice and completing the two year lease. The landlord now (of course) wants me to pay for the HVAC unit and plumbing. From doing my own research it appears as though these are both responsibilities of the landlord to maintain according to Ohio Landlord Tenant Stature: http://www.ohiolandlordtenant.com/revised.html

specifically under section 5321.04 Obligations of landlord. point 4.


Now this is where my question comes... The lease said that I was responsible for all maintenance but again according the Ohio Landlord Tenant Stature below:
5321.06 Rental agreement terms.
A landlord and a tenant may include in a rental agreement any terms and conditions, including any term relating to rent, the duration of an agreement, and any other provisions governing the rights and obligations of the parties that are not inconsistent with or prohibited by Chapter 5321. of the Revised Code or any other rule of law.

It would appear to me that holding me responsible for the plumbing and HVAC is inconsistent with Chapter 5321 of the Code, am I correct in my thinking?

If he tries to sue me what should I do? Am I correct in my interpretations? Or should I just pony up?

Chino Rojo
Sep 18, 2007

The chainsmoke Kansas flashdance asspants.
This is probably just something I have to let go, but the principle of the thing bothers me. Been an outstanding apartment tenant in Kansas for almost two years, etc. I live in a complex with lots of Section 8 tenants and leaving trash bags around units has been a problem.

Before getting ready for work I put out a bag of trash (maybe 6:00 am) and when I leave for work at 7 am I drive it to the dumpster. Yes, it's almost 1/8 mile to the trash. That evening I have a notice that I am being fined $50 for violating the rules on my lease. What, no first warning?!

I looked on my lease and there are no specifics for enforcement of apartment regulations: no mention of fines or anything. The community addendum I initialed has the specifics of what the rules are but no mention of enforcement or consequences.

I can say that I was never informed of the consequences of leaving a trash bag outside my front door for an hour. Management says that unpaid fines are due with rent and will put me at an underpayment of rent if I don't include it.

My gut feeling is that the broke residents are leaving and these people are desperate for revenue. I don't object to them charging fines for negligence, but $50 for a first violation is extreme. Your thoughts?

JudicialRestraints
Oct 26, 2007

Are you a LAWYER? Because I'll have you know I got GOOD GRADES in LAW SCHOOL last semester. Don't even try to argue THE LAW with me.

Chino Rojo posted:

This is probably just something I have to let go, but the principle of the thing bothers me. Been an outstanding apartment tenant in Kansas for almost two years, etc. I live in a complex with lots of Section 8 tenants and leaving trash bags around units has been a problem.

Before getting ready for work I put out a bag of trash (maybe 6:00 am) and when I leave for work at 7 am I drive it to the dumpster. Yes, it's almost 1/8 mile to the trash. That evening I have a notice that I am being fined $50 for violating the rules on my lease. What, no first warning?!

I looked on my lease and there are no specifics for enforcement of apartment regulations: no mention of fines or anything. The community addendum I initialed has the specifics of what the rules are but no mention of enforcement or consequences.

I can say that I was never informed of the consequences of leaving a trash bag outside my front door for an hour. Management says that unpaid fines are due with rent and will put me at an underpayment of rent if I don't include it.

My gut feeling is that the broke residents are leaving and these people are desperate for revenue. I don't object to them charging fines for negligence, but $50 for a first violation is extreme. Your thoughts?

Where are you? In civilized states landlords can't fine you for anything but late rent payment.

Leif.
Mar 27, 2005

Son of the Defender
Formerly Diplomaticus/SWATJester
I don't see why they couldn't if your lease expressly agrees to the fines as penalties for violation of its provisions.

-e- but regardless, you have to have agreed to the penalty somewhere, perhaps in some sort of document you initialed. Doesn't sound like you did that. Take it to small claims court, and start looking for a new place.

Solomon Grundy
Feb 10, 2007

Born on a Monday

kingfet posted:

I am located in Ohio.

Two years ago I moved into a rental home with the option to purchase. At first we had no contract or lease. Three months in we were asked to sign a lease which we did. This lease was basically something the landlord drew up in word which I was fine with. A few months later the garage door broke, and the landlord expected me to pay for it. (Which I did). Over the course of the next two years one toilet stopped working and part of the HVAC system collapsed. Neither of these did I alert the landlord to at first because I did not want to get stuck footing the bill.

We moved out last month after giving proper documented notice and completing the two year lease. The landlord now (of course) wants me to pay for the HVAC unit and plumbing. From doing my own research it appears as though these are both responsibilities of the landlord to maintain according to Ohio Landlord Tenant Stature: http://www.ohiolandlordtenant.com/revised.html

specifically under section 5321.04 Obligations of landlord. point 4.


Now this is where my question comes... The lease said that I was responsible for all maintenance but again according the Ohio Landlord Tenant Stature below:
5321.06 Rental agreement terms.
A landlord and a tenant may include in a rental agreement any terms and conditions, including any term relating to rent, the duration of an agreement, and any other provisions governing the rights and obligations of the parties that are not inconsistent with or prohibited by Chapter 5321. of the Revised Code or any other rule of law.

It would appear to me that holding me responsible for the plumbing and HVAC is inconsistent with Chapter 5321 of the Code, am I correct in my thinking?

If he tries to sue me what should I do? Am I correct in my interpretations? Or should I just pony up?

I am not your lawyer, we do not have an attorney-client relationship, and you should not rely upon this as legal advice. For informational purposes only, I believe you are reading the statute correctly, and your landlord is attempting to impose obligations upon you which are prohibited by statute. If I were advising you, I would tell you that if your landlord sued you, that you should hire a lawyer (if you can afford to do so) to file a summary judgment motion asking the court to take note of 5321.04 and .06 and dismiss the case. If you can't hire a lawyer, then ANSWER THE COMPLAINT (so that the landlord does not get a default judgment against you) then make the same argument that you made here to the judge. You should win, but there are no guarantees in court, so don't bank on it.

joat mon
Oct 15, 2009

I am the master of my lamp;
I am the captain of my tub.

kingfet posted:

I am located in Ohio.

Two years ago I moved into a rental home with the option to purchase.

We moved out last month after giving proper documented notice and completing the two year lease. The landlord now (of course) wants me to pay for the HVAC unit and plumbing.

The lease said that I was responsible for all maintenance

If he tries to sue me what should I do?

and Solomon Grundy posted:

I am not your lawyer, we do not have an attorney-client relationship, and you should not rely upon this as legal advice. For informational purposes only, I believe you are reading the statute correctly, and your landlord is attempting to impose obligations upon you which are prohibited by statute. If I were advising you, I would tell you that if your landlord sued you, that you should hire a lawyer (if you can afford to do so) to file a summary judgment motion asking the court to take note of 5321.04 and .06 and dismiss the case. If you can't hire a lawyer, then ANSWER THE COMPLAINT (so that the landlord does not get a default judgment against you) then make the same argument that you made here to the judge. You should win, but there are no guarantees in court, so don't bank on it.

My concern was that a rent-to-own agreement would be more like a mortgagor/mortgagee arrangement rather than landlord/tenant.

But then I found this:

Rent to Own at Cleveland Ohio Mortgage posted:

In addition, the tenant/buyer should be made aware that in the great state of Ohio, until an option is exercised, no landlord/seller can make them responsible for maintenance, repairs, and/or improvements. Not even a contract can make this valid.

Do not rely on this information from an unsourced webpage. Take it to an Ohio attorney and ask him/her about it. Ohio appears to have a ton of legal aid organizations - you might start there if money's tight.

CaptainFuzychin
Aug 21, 2005

CaptainFuzychin posted:

Okay, can anyone here explain how speeding ticket violations work in Los Angeles, and how I go about trying to get out of paying one?

Incredulous Red posted:

You're going to get a summons and bail amount mailed to your home address. That will tell you how much this is going to cost you.

Anyway, the advice on California speeding tickets is always the same: do a trial by written declaration (instructions are on the back of your ticket). Say that you were going at a safe and reasonable speed, consistent with the flow of traffic. Say that you were going at a safe and reasonable speed, consistent with the flow of traffic. Leave out everything about your damned light bulb and running the red light- you weren't cited for it, it's not at issue. Then pray that you cop hates doing paperwork. If he doesn't respond, you win- if he does, you can petition for a trial de novo, in real court, where you have a shot of the cop not showing up. This works out especially well in California since (1) there's not a whole lot of money for overtime right now, and they usually, but not always, schedule court appearances on the cops' days off, and (2) it's summer, he might use his days off for traveling.

So I got the summons finally, and the due date is right in the middle of July, a month I will be out of state. So I'm wondering a few things:

First, if I do the trial by written declaration, what happens if it doesn't work out exactly? I know that I can petition for a trial de novo as you say, but when the court actually rejects my written declaration do they simply give me a new due date to pay the fine by or do they demand I show up personally in court? I obviously wouldn't be able to show up in court until I'm back in CA which isn't likely to be until late August unless I can change my plans around a bit.

Secondly, the summons does not mention trial by written declaration to be an option, but does list a request for a 60 day extension. Can I get that extension and still do the trial by written declaration once I'm back in CA? That 60 days would be enough to solve my travel complications.

EDITx2: never mind, I misread the form and didn't notice a bit where it says "To plead not guilty, note not guilty on the check. You may avoid a court appearance by completing a trail by declaration form. Request the form when submitting your check or in person at the court location."

Incredulous Red posted:

Yes, the blue uniform and being in Panorama City means that it was likely as all hell to be LAPD (this might actually help your chances when it comes to your trial by written declaration, but it's still a crapshoot). The instructions for the trial by written declaration will be on the back of the summons that they mail to your address. Actually, here's the form you fill out: http://www.courtinfo.ca.gov/forms/fillable/tr205.pdf . The information re: court house and whatnot should be on your ticket or online.

I am not a lawyer. I have done this before with friends. It's a crapshoot. You should prepare yourself for losing. However, if you lose on the written declaration, you should still request a trial de novo and try to get traffic school. You will have to find money to pay for this as well.

So I can print the form and send it in with the bail money then, or do I have to submit them in person? Also, how exactly do they refund my money in the event that I win? Do they just send me a check or something? Finally, do I get the bail amount back by doing traffic school, or do they just not put points on my license?

I suppose I should expect to lose either way, huh?

CaptainFuzychin fucked around with this message at 01:29 on Jun 6, 2010

Incredulous Red
Mar 25, 2008

CaptainFuzychin posted:

So I can print the form and send it in with the bail money then, or do I have to submit them in person? Also, how exactly do they refund my money in the event that I win? Do they just send me a check or something? Finally, do I get the bail amount back by doing traffic school, or do they just not put points on my license?

I suppose I should expect to lose either way, huh?

Call the court phone number and ask them how they want you to do the trial by declaration. You should just be able to print the form, but double check with them. Also, more info: http://www.courtinfo.ca.gov/forms/documents/tr200.pdf

I believe that if you win, they either cancel your check or send you a check. I don't know, I've only done them for other people.

Traffic school does nothing for your bail, it only effects the points on your license. However, to get the benefit of traffic school, you have to ask the court to allow you to do it. It then basically keeps the court from reporting to the DMV that you did something stupid. You would do this during the trial de novo, assuming you lose on your trial by written declaration.

You should expect to lose, but, hell, you may get lucky.

CaptainFuzychin
Aug 21, 2005
Alright, I assume there's nobody there on weekends but I'll give it a shot and if there's no luck I'll try again monday. No idea on if I can still do the Trial by Decl. if I opt to get the 60 day extension right now? That'll be one of the questions I'll have to ask them about.

Incredulous Red
Mar 25, 2008

CaptainFuzychin posted:

Alright, I assume there's nobody there on weekends but I'll give it a shot and if there's no luck I'll try again monday. No idea on if I can still do the Trial by Decl. if I opt to get the 60 day extension right now? That'll be one of the questions I'll have to ask them about.

Generally I think the trial by dec takes the place of your original court date, but you should ask the court clerk. Be nice to them, they're harried but generally helpful people.

Solomon Grundy
Feb 10, 2007

Born on a Monday

joat mon posted:


Do not rely on this information from an unsourced webpage. Take it to an Ohio attorney and ask him/her about it.

The webpage is correct, I skipped that part of the analysis because it looked like the relationship started as a rent-to-own without a written agreement, which violates Ohio's statute of frauds, and the OP said a later "lease" was in writing, but said nothing further about a rent-to-own provision being included in that lease.

Ohio Lawyer, but not the OP's lawyer and this is for informational purposes. Do not rely upon it, but rather go to a live in person Ohio lawyer.

Karl Sharks
Feb 20, 2008

The Immortal Science of Sharksism-Fininism

I apologize if this is too specific for this thread, but what sort of laws or legal precedents and such are there for the validity of wills if the person writing them are under the influence of anti-psychotics (Zyprexa, which is from what I can gather rather controversial and strong, especially since in this case the person did not exhibit signs of schizophrenia or bipolar disorder.) Obviously I'm not a lawyer myself but I know in a will you must be of sound mind and body and I don't think of someone on fairly strong anti-psychotics as of sound mind.

This is in North Carolina, if you need specific counties/cities I can provide that but I wouldn't imagine the laws would change at that level in something like this. If I knew where exactly to look I would do so myself, and if it wasn't so late on a Saturday I would call a lawyer now or tomorrow (I do plan to consult with one, or more possibly, but this is heavy on my mind.) Any help would be greatly appreciated.

I do have MSN/Yahoo/AIM, if anybody would like to talk there instead. Either way is fine with me.

Carleton
Sep 9, 2004
Living in the Midwest kinda sucks.

Part of Everything posted:

I live in Ontario, Canada. I've been renting an apartment for the last 5 years. When I first signed the lease, it stated that utilities were all-inclusive, with no extenuating circumstances listed.

A couple days ago, all the tenants (including me) got a notice from the property manager saying that anyone who has installed an air conditioner (our own air conditioners, not ones provided by the building) will be charged a fee of $50 per each month that we have it running.

What I'm wondering is:

1) Since I'm a longtime tenant, and my original lease stated the unit was all-inclusive, can they legally charge me this fee?

2) Can they/do they have the right to evict me if I try to fight this?

There is a tenants rights hotline in Ontario and I am sure that they acn answer this 100%. Look around on google.

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hobbesmaster
Jan 28, 2008

What The Fucktrain posted:

I apologize if this is too specific for this thread, but what sort of laws or legal precedents and such are there for the validity of wills if the person writing them are under the influence of anti-psychotics (Zyprexa, which is from what I can gather rather controversial and strong, especially since in this case the person did not exhibit signs of schizophrenia or bipolar disorder.) Obviously I'm not a lawyer myself but I know in a will you must be of sound mind and body and I don't think of someone on fairly strong anti-psychotics as of sound mind.

Zyprexa is controversial for causing obesity and diabetes, not for screwing with your mind. Its actually not a particularly powerful atypical, so it gets used for a lot of off label stuff, especially anxiety. You're thinking of typical antipsychotics like haldol or thorazine.

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